Zysk v. City of New York

Appellate Division of the Supreme Court of New York

Zysk v. City of New York

274 A.D. 915, 83 N.Y.S.2d 339, 1948 N.Y. App. Div. LEXIS 4020

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 1, 1948

StatusPublished

Cited by5 cases

This text of 274 A.D. 915 (Zysk v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zysk v. City of New York, 274 A.D. 915, 83 N.Y.S.2d 339, 1948 N.Y. App. Div. LEXIS 4020 (N.Y. Ct. App. 1948).

Pincite

Opinion

Insofar as concerns defendant George Roll, the abutting property owner, there is no evidence that he was an active tort-feasor in causing the piece of ice on which plaintiff testified that he slipped to be present on the sidewalk (Kelly v. Rose, 291 N. Y. 611; Hendley v. Daw Drug Co., 293 N. Y. 790). Neither do we consider that the condition of the sidewalk under all the facts of the case constituted evidence of negligence on the part of defendant the City of New York (Reutlinger v. City of New York, 281 N. Y. 592; Kirsch v. City of New York, 289 N. Y. 684; Foley v. City of New York, 95 App. Div. 374.) The facts in this record sufficiently differentiate this ease from Green v. Rosenberg, Inc. (295 N. Y. 584). Judgment unanimously reversed and the complaint dismissed, with costs to both defendants. Present — Peek, P. J., Dore, Cohn. Van Voorhis and Shientag, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Insofar as concerns defendant George Roll, the abutting property owner, there is no evidence that he was an active tort-feasor in causing the piece of ice on which plaintiff testified that he slipped to be present on the sidewalk (Kelly v. Rose, 291 N. Y. 611; Hendley v. Daw Drug Co., 293 N. Y. 790). Neither do we consider that the condition of the sidewalk under all the facts of the case constituted evidence of negligence on the part of defendant the City of New York (Reutlinger v. City of New York, 281 N. Y. 592; Kirsch v. City of New York, 289 N. Y. 684; Foley v. City of New York, 95 App. Div. 374.) The facts in this record sufficiently differentiate this ease from Green v. Rosenberg, Inc. (295 N. Y. 584). Judgment unanimously reversed and the complaint dismissed, with costs to both defendants. Present — Peek, P. J., Dore, Cohn. Van Voorhis and Shientag, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

274 A.D. 915, 83 N.Y.S.2d 339, 1948 N.Y. App. Div. LEXIS 4020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zysk-v-city-of-new-york-nyappdiv-1948.

Opinion

Related

Cite This Page — Counsel Stack